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The Types of Medical Treatment and Their Impact on a Medical Malpractice Claim


— September 17, 2024

Having a medical malpractice lawyer on your side makes a huge difference in your odds of getting fair outcomes, so ensure you have one when navigating a claim.


If you suffer harm due to a health provider’s negligence, you may have a right to compensation by filing a medical malpractice claim. However, before you file a claim, you may first want to ensure you are out of danger which was caused by medical malpractice. Once you have robust backing, you can file a claim for monetary compensation. 

This guide explores the different types of medical treatments you may want to seek after a medical malpractice incident and their impact on a claim. Navigating the legal hurdles all by yourself can be quite tough, which is why this guide should come in handy. If you’re looking for legal representation, seeking the aid of Connecticut medical malpractice lawyer Russell Berkowitz is a great idea. Keep reading to learn more.

Treatment and Diagnosis

When a medical malpractice incident results in immediately apparent injuries, you first want to seek additional treatment for them. In some cases where the injury isn’t visible, the harm suffered in an accident may not be readily apparent, requiring running diagnostic tests that could cost large sums of money. 

Treatment and diagnostic costs fall under economic damages and comprise a significant part of total damages. Also, they greatly impact the value of non-economic damages. When diagnostic costs account for a big part of medical expenses, questions on the valuation of pain and suffering may arise, and insurance adjusters may have to apply a lower multiplier. 

M.D.s and Non-M.D.s

M.D.s and Non-M.D.s are terms used to describe professionals licensed to offer medical services. M.D.s are physicians who have completed medical school and obtained a medical doctorate. They include specialists such as orthopedics, E.R. doctors, spinal cord injury specialists, etc. 

Non-M.D.s are other licensed professionals who may not have a doctorate in medicine but are licensed to work in the medical field. Alternative health providers may also fall under this category. 

M.D.s hold much authority in the medical field, and insurance providers treat any bills resulting from their treatment or recommendations as legitimate. Also, you must consider that M.D.s use a standardized billing process for easy scrutiny. 

Alternative healthcare providers are a different story. They may not exude the same level of authority, and insurance adjusters tend to look down on claims for victims who go for alternative healthcare options and may use a lower multiplier for non-economic damages. 

Physical Therapy

Physical therapy can become a requirement after a medical malpractice incident that results in severe injuries. Like other treatment regimens, the cost of therapy forms part of recoverable economic damages and thus affects the value of your claim.

Doctor examining woman’s foot; image by Marlon Lara, via Unsplash.com.
Doctor examining woman’s foot; image by Marlon Lara, via Unsplash.com.

However, compensation for physical therapy is only possible if it is prescribed by your treating physician. If you have to go for physical therapy for an extended time, its impact on the cost of medical treatment can be quite significant. It may sometimes necessitate using a lower multiplier when calculating the resulting pain and non-economic damages. 

Future Medical Expenses

If your injuries take a relatively long time to recover, you may need to file a claim before reaching your maximum medical improvement. This means you will need to use an estimate of future medical expenses when valuing your damages.

Future expenses include all projected treatment costs, such as therapy treatments, surgeries, medication, and, at times, a lifetime of care. The valuation of future medical expenses relies on a doctor’s prognosis. Since it involves some speculation, you may have some pushback from insurance adjusters, so having an expert witness and a lawyer becomes critical. 

Final Words

When injuries occur due to medical errors, seeking medical attention will be critical in determining the outcomes of your medical malpractice claim. As mentioned in this guide, the different medical expenses will affect the outcomes differently. 

Having a medical malpractice lawyer on your side makes a huge difference in your odds of getting fair outcomes, so ensure you have one when navigating a claim.

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